Konektadong Pinoy bill lapses into law

The Konektadong Pinoy bill, which aims to increase internet access by relaxing regulations and allowing more entrants into the data transmission industry, has lapsed into law on Sunday.

“It has lapsed into a law,” Department of Information and Communications Technology (DICT) Secretary Henry Rhoel R. Aguda told BusinessWorld on Sunday.

This was also confirmed by Presidential Communications Undersecretary Claire A. Castro in a Viber message, without giving details.

Mr. Aguda said the DICT is now working on the implementing rules and regulations (IRR) of the Konektadong Pinoy Act, also known as the Open Access in Data Transmission Act.

He said the DICT has invited the country’s major telecommunication companies for their inputs.

“We are finalizing the draft IRR. It will be finalized until the public consultation. I have extended personal invitations to PLDT, Globe, Converge, and DITO that they are welcome to participate in the IRR,” Mr. Aguda said.

He said the final IRR is expected to be released within 60 days.

The Konektadong Pinoy Act adopts an open-access policy to create a more accessible and competitive environment for all qualified participants across the entire data transmission network, while also encouraging investments in digital infrastructure to support reliable and affordable data services.

“We welcome the passage of the Konektadong Pinoy. We hope this measure paves the way for more efficient, stable, and affordable internet service across the Philippines,” Ronald B. Gustilo, a national campaigner for Digital Pinoys group, said in a Viber message.

The law is expected to entice more players to enter the industry, Mr. Gustilo said, adding that this should encourage fairer competition and should improve customer experience.

“We also urge the drafters of the implementing rules and regulations to introduce clear safeguards that will protect consumers and ensure these are effectively mapped out,” Mr. Gustilo said.

Telecommunications companies through the Philippine Chamber of Telecommunications Operators (PCTO) have previously asked President Ferdinand R. Marcos, Jr. to veto the measure and have it returned to the Congress.

PCTO has said that provisions of the Konektadong Pinoy Act could undermine regulatory oversight and pose risks to national security and threaten fair competition.

“There may be cyberthreats that will arise from this new telco order, but these can be mitigated by a proactive IRR, crafted by various sectors, and constant monitoring by the regulators of this critical information infrastructure ecosystem,” Samuel V. Jacoba,  founding president of the National Association of Data Protection Officers, said via Viber.

Under the law, new data transmission entrants are no longer required to secure a legislative franchise or a certificate of public convenience and necessity, which the PCTO described as the key filter historically used to assess legal, financial, technical, and cybersecurity readiness.

In particular, the PCTO is objecting to the measure as it only mandates entrants to secure cybersecurity certification after two years of operations.

PLDT Inc. Chief Legal Counsel Joan de Venecia-Fabul said that the company is exploring all options to ensure that there is a level playing field for current players once Konektadong Pinoy is enforced.

She said that while the IRR will not resolve issues raised by PLDT, the company is still willing to participate in the crafting of the Konektadong Pinoy’s IRR.

“An IRR cannot go against the law. It can expound the law, it can clarify the law. It can give contours and boundaries to the law, but it cannot go against it,” Ms. De Venecia-Fabul told reporters last week.

PLDT Senior Legal Advisor to the Chairman  Marilyn A. Victorio-Aquino has said previously that the company will mount a court challenge if the Konektadong Pinoy bill becomes a law.

Aside from PLDT, fiber internet provider Converge ICT Solutions, Inc. also said that it is willing to provide its inputs in the crafting of the IRR.

US Cloud and mobile technology company CloudMosa said that the whole telecommunications industry is set to benefit from the Konektadong Pinoy Act as the law presents opportunities for companies to address users who missed the migration to fourth-generation (4G) technology.

It said that it will help fast-track the phaseout of 2G and 3G, thereby providing a boost to affordable connectivity.

Konektadong Pinoy Act also raises the prospect of more optimal use of the radio frequency spectrum and the reallocation of underutilized and unutilized spectrum.

Hastings Holdings, Inc., a unit of the PLDT Beneficial Trust Fund subsidiary MediaQuest Holdings, Inc., holds a majority stake in BusinessWorld through the Philippine Star Group, which it controls. — Ashley Erika O. Jose, Reporter